Justice determines that Paco de Lucía is the only author of ‘between two waters’ and 36 pieces

The Provincial Court of Madrid has determined that Paco de Lucía, of which today the tenth anniversary of his death is fulfilled, is the only author of thirty -seven flamenco -style musical works, including works as renowned as ‘between two waters’ , for which he was worldwide recognized, as stated in a sentence, to which Europa Press had access.

The themes were registered in the General Society of Authors in ownership shared with the music producer José Torregros The preparation to do so, in addition to processing your registration in the repertoire of the works entrusted to the management of the SGAE.

It was “an abuse of trust towards the true creator and author of the works, which never dealt with this kind of efforts until a younger member of his family, specifically his daughter, worried about it and uncovered a Situation “to which this sentence has come to end.

Faced with this, the heirs of the producer have maintained during the lawsuit that the transcription of the musical creations of Paco de Lucía to the scores was accompanied by the realization of multiple arrangements and modifications, so it was not limited to a mere transcription work , thesis that already dismissed the commercial court that he knew of the matter in the first instance.

The court ruled out that even in those specific cases in which the presence of some kind of musical arrangement (orchestral) could be detected, he lacked the necessary transcendence required to generate a derived work and forced the producer’s heirs to return the amounts that They had been perceived by virtue of the exploitation of these works for decades, as well as moral damage.

Expertise of artist’s work

The magistrates reach this certainty largely due to the information provided by the expertise of the work of Paco de Lucía, which consists of a significant number of recordings.

In the opinion of the specialists, their compositions are very personal and were based on a series of false falsity between themselves through brief variations, with their introduction and closing, forming a complete work.

“The compositions of Paco de Lucía are of such a technical complexity (which includes chopped and rags of enormous difficulty) that could only be conceived by a guitarist, and in addition to flamenco style,” says the resolution. The producer, however, was a pianist and not a flamenco musician. His scores were made from the position of a pianist, and although it is true that in his curriculum there is the composition of a flamenco mass, it is a choral work.

The judicial decision, which has not yet achieved firmness and can be appealed in cassation before the First Chamber of the Supreme Court, also contemplates the payment on costs to the appellant party, in addition to confirming the compensation of 10,000 euros for moral damage, imposed by the Judgment of origin of the Commercial Court.

In that sense, and beyond the recognition of the authorship of the set of musical pieces, the magistrates stop singularly in the damage of moral character caused to the artist.